please read and help me vacate a judgement

If you were NOT married when the debt happened and you did NOT sign any of the medical forms then you should not have a judgement against you. They can only issue a judgement againt the person who signed the paperwork for the medical bills. you will need to call the county clerk and ask them what form you need to fill out to get a trial to vacate. Then you also might want to look into getting a lawyer and sue the company that sued you for a debt that is not yours.

Try the link below about vacating judgments.
http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

yep i have a default judgement on my credit for his premarital medical debt..think this is a fair debt collection practice violation? what type of attorney should i get? I live in a small town in ohio...any suggestions for finding an attorney would be greatly helpful...thank you for your quick response..much appreciated

I'd check out the link shazzars posted

is there a time fram a motin to vacate has to be filed within? i've checked my states revised codes but can't find a timeframe for motion...but i did call local muni court today and spoke to clerk...will be going to court tommorow morning to file motion...everybody cross there fingers! thanks

Also, try and locate a consumer rights attorney. Someone here found me one that works on contingency at no cost to you. It has worked out VERY well for me as far as suing for violations of FDCPA and FCRA. I'm not sure if I'm allowed to give you the name of the nation wide attorney company on this forum but I will try. They analyze your case, find you an attorney close to you...Free of charge. Google them and call... Weisberg & Meyers, LLC. (Sorry if I'm not supposed to do this)

Or you can look one up in your area on the National Association for Consumer Advocates website.

I don't think there is a time frame but honestly, it's in your best interest to deal with any court related matters as soon as you find out about it, and not a day later. The courts do not mess around.

ok..i filed complaint with my ag about this..went on national association for consumer advocates..none of the attorneys listed in my state would even consider this event due to distance from their offices..i looked up my states rules of civil procedure rule 60b-which states i have a one year time frame to file for motions...any other way to attack this occurence? am i outta luck? Thank you for all you information so far..

Has your wages been garnished?
I am just wondering if you would be able to claim the year as the time you learned of the judgement. If your wages have been garnished then that would not be that case. But if you just discovered this when you pulled your credit report you still might be able to do something to get it vacated

Shazzer what a great link that is. I bookmarked it for the future. It has another link within that has the laws for all the district courts in the country. Fantastic! Thanks!!

no my wages were never garnished...husbands were right after judgement...i can't find an attorney that will touch this...maybe i am just screwed at this point...love my husband-hate his credit!

After the wonderful advice here...i called attorney involved and was told too bad we're done with this matter"
Then i called the ca and was told when you marry someone you marry there debt just like in the credit report dot com commercial...not satisfied..i then tried to vacate judgement myself..and got no where..so then i pulled out the big guns and reported to FTC and ag of my state..this was about couple weeks ago...so here's the update:
1. Just today i got a letter in the mail from the attorney who didn't want to deal w/me before..it was a motion to vacate from my muni court in agreeace to my previously submitted motion...yeah..victorious right? Here's my question now: Can I sue these darling people involved in this action now for fdcpa violations..like taking an individual responsibility debt and making it joint? Also, my personal credit limits have dropped on my cards as well as my insurance has raised..do i have any recourse available to remedy those situations? Any help is tremendously appreciated at this point you guys are right on the button!!!!!!!!!!!!!!!!!!!!!! thank you so much..you listen when others wouldn't and i am eternally grateful...

the letter says: Now comes plaintiff and hereby requests the court to vacate the judgement filed herein and dismiss the above-captioned case against stupidnewbie. Plaintiff recently learned that at the time of services were rendered, on the account for which judgement was granted, defendant stupid newbie was not married to stupid husband as alleged in the complaint filed herein"....Now will this judgement still stand against stupid husband or is the whole thing thrown out b/c of reasons you all made me aware of???? Will husband still have a judgement???

well, did they sue only you, or both of you in the original case?

If they only sued you, and your hubby was not a named defendant in the case, then you NEED to petition the court to compel the plaintiff to return EVERY PENNY that they took from your husband. Here's what I see--

1--your husband has a debt, not your obligation.

2--they sue YOU wrongly, and get a judgment.

3--they use the judgment against YOU to take YOUR HUSBAND'S money.

This should be clarified with an attorney, but it seems to me that they did a lot of things wrong here.

First, is this a collection agency or an original creditor that sued you? It makes a difference, as OC's are not subject to the FDCPA.

husband had the premarital debt...they did sue both of us...they got a judgement against us both(stupid newbie and stupid husband) this definately was a collection agency...the collection agency that had it listed as an individual account initially on husbands cf only-then attorney added new wife at summons time w/out any concrete info/evidence to do that...still alot of wrongs??? on the judgement it states original creditor vs. us-but a collection agency had the account listed on husbands cf....collection agency was definately involved...

this is from what i know, an assigned collection agency who did not purchase the debt. the collection agency put this debt on my husbands cr years ago and it was listed as an individual debt...assigned collection agency attorney sue us both and name oc as plaintiff in the case..judgement was on both of our cr since 10/07 until i complained...since it was assigned rather than bought, is this collection agency subject to the fdcpa & fcra